An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
The New Jersey General Right-of-Way Instrument is a legal document that governs the use, access, and ownership rights of land for various purposes throughout the state of New Jersey. This instrument plays a crucial role in determining the rights and responsibilities of property owners, government agencies, and other stakeholders involved in land development, infrastructure projects, transportation initiatives, and public utilities. A New Jersey General Right-of-Way Instrument outlines the specific terms and conditions under which a right-of-way (ROW) is granted to either the government or private entities. It serves as a contract that establishes the scope of the rights and limitations associated with the use of the designated land. These instruments ensure that landowners are adequately compensated for allowing the ROW to be established on their property while also protecting the public interest in enabling necessary infrastructure development. There are several types of New Jersey General Right-of-Way Instruments, depending on the purpose and entity involved. Some common types include: 1. Highway Right-of-Way Instrument: This instrument establishes the rights and responsibilities related to constructing, expanding, or maintaining highways, roads, and related infrastructure. It outlines the width, access points, and usage limitations of the right-of-way. 2. Utility Right-of-Way Instrument: This instrument grants rights to utility companies for installing, operating, and maintaining power lines, telecommunication cables, pipelines, and other utility infrastructure on designated land. It includes specifications for easements, maintenance, and access rights. 3. Railroad Right-of-Way Instrument: This instrument pertains to the rights and regulations associated with railroad tracks and facilities. It includes provisions regarding the construction, improvement, access, and maintenance of railway assets. 4. Airport Right-of-Way Instrument: This instrument governs the rights and regulations concerning land use for airports and associated infrastructure. It establishes the boundaries and restrictions for airport operations, runway expansion, airspace protection, and safety measures. 5. Waterway Right-of-Way Instrument: This instrument outlines the rights and responsibilities related to waterways, such as navigable rivers, canals, and harbors. It defines the usage limitations, dredging rights, and maintenance responsibilities for entities involved in water transportation, recreation, and conservation. In conclusion, the New Jersey General Right-of-Way Instrument is a comprehensive legal document that regulates land use and access rights for various purposes. Whether it is for highways, utilities, railroads, airports, or waterways, these instruments ensure efficient infrastructure development while safeguarding the interests of landowners and the public.
